assembly Bill A9368A

2021-2022 Legislative Session

Relates to protections for freelance workers

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Sponsored By

Current Bill Status Via S8369 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2022 returned to senate
passed assembly
ordered to third reading rules cal.617
substituted for a9368a
Jun 02, 2022 substituted by s8369b
rules report cal.617
reported
reported referred to rules
Jun 01, 2022 reference changed to ways and means
May 29, 2022 print number 9368a
May 29, 2022 amend and recommit to labor
Feb 23, 2022 referred to labor

Votes

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Jun 1, 2022 - Rules committee Vote

S8369B
14
7
committee
14
Aye
7
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 10, 2022 - Labor committee Vote

S8369
9
1
committee
9
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 10, 2022

nay (1)

Co-Sponsors

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A9368 - Details

See Senate Version of this Bill:
S8369
Law Section:
Labor Law
Laws Affected:
Add §191-d, Lab L

A9368 - Summary

Enacts the "freelance isn't free act"; provides for the payment of freelance workers as independent contractors, including requiring written contracts; timely payment of compensation and handling controversies relating to payment, complaint procedures, and penalties; excludes construction contracts.

A9368 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9368
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to  enacting  the  "freelance
   isn't free act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "freelance isn't free act".
   § 2. Section 190 of the labor law is amended by adding four new subdi-
 visions 10, 11, 12 and 13 to read as follows:
   10. "CONSTRUCTION CONTRACTOR" MEANS ANY PERSON, SOLE PROPRIETOR, PART-
 NERSHIP,  FIRM,  CORPORATION,  LIMITED LIABILITY COMPANY, ASSOCIATION OR
 OTHER LEGAL ENTITY WHO BY ONESELF OR THROUGH OTHERS OFFERS TO UNDERTAKE,
 OR HOLDS ONESELF  OUT AS BEING ABLE TO UNDERTAKE,  OR  DOES UNDERTAKE  A
 CONSTRUCTION PROJECT.
   11. "CONSTRUCTION  PROJECT"  MEANS  THE  PROVIDING  OF  ANY  LABOR  OR
 SERVICES, AND THE USE OF ANY MATERIALS OR EQUIPMENT IN ORDER  TO  ALTER,
 BUILD, EXCAVATE, ADD TO, SUBTRACT FROM, IMPROVE, REPAIR, MAINTAIN, RENO-
 VATE, MOVE, WRECK OR DEMOLISH ANY BRIDGE, BUILDING, HIGHWAY, ROAD, RAIL-
 ROAD,  LAND, TUNNEL, SEWER, DRAINAGE OR OTHER STRUCTURE, PROJECT, DEVEL-
 OPMENT,  OR IMPROVEMENT, OR THE DOING OF ANY PART THEREOF, INCLUDING THE
 ERECTION OF SCAFFOLDING OR OTHER STRUCTURES OR WORKS IN CONNECTION THER-
 EWITH.
   12. "FREELANCE  WORKER"  MEANS  ANY  NATURAL  PERSON  OR  ORGANIZATION
 COMPOSED OF NO MORE THAN ONE NATURAL PERSON, WHETHER OR NOT INCORPORATED
 OR  EMPLOYING  A TRADE NAME, THAT IS HIRED OR RETAINED AS AN INDEPENDENT
 CONTRACTOR BY A HIRING PARTY TO PROVIDE  SERVICES  IN  EXCHANGE  FOR  AN
 AMOUNT  EQUAL  TO  OR  GREATER THAN TWO HUNDRED FIFTY DOLLARS, EITHER BY
 ITSELF OR WHEN AGGREGATED WITH ALL CONTRACTS FOR  SERVICES  BETWEEN  THE
 SAME  HIRING PARTY AND FREELANCE WORKER DURING THE IMMEDIATELY PRECEDING
 ONE HUNDRED TWENTY DAYS, BUT DOES NOT INCLUDE:
   A. ANY PERSON WHO, PURSUANT TO THE  CONTRACT  AT  ISSUE,  IS  A  SALES
 REPRESENTATIVE  AS  DEFINED  IN SECTION ONE HUNDRED NINETY-ONE-A OF THIS
 ARTICLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

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A9368A (ACTIVE) - Details

See Senate Version of this Bill:
S8369
Law Section:
Labor Law
Laws Affected:
Add §191-d, Lab L

A9368A (ACTIVE) - Summary

Enacts the "freelance isn't free act"; provides for the payment of freelance workers as independent contractors, including requiring written contracts; timely payment of compensation and handling controversies relating to payment, complaint procedures, and penalties; excludes construction contracts.

A9368A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9368--A
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced   by   M.   of   A.   BRONSON,  CRUZ,  ROZIC,  SIMON,  REYES,
   BICHOTTE HERMELYN, CYMBROWITZ, SEAWRIGHT, DICKENS, HEVESI,  GALLAGHER,
   GOTTFRIED,  DINOWITZ, BURGOS, KELLES, GALEF, MITAYNES, BURDICK, GONZA-
   LEZ-ROJAS, EPSTEIN, FORREST, LAWLER, GLICK, FERNANDEZ -- read once and
   referred to the Committee  on  Labor  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the labor law, in relation to  enacting  the  "freelance
   isn't free act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "freelance isn't free act".
   § 2. The labor law is amended by adding a new section 191-d to read as
 follows:
   § 191-D. PAYMENT OF WAGES FOR FREELANCE WORKERS. 1.  (A) "CONSTRUCTION
 CONTRACTOR"  MEANS  ANY  PERSON,  SOLE  PROPRIETOR, PARTNERSHIP,   FIRM,
 CORPORATION,   LIMITED LIABILITY COMPANY,  ASSOCIATION  OR  OTHER  LEGAL
 ENTITY  WHO  BY  ONESELF OR THROUGH OTHERS OFFERS TO UNDERTAKE, OR HOLDS
 ONESELF   OUT AS BEING ABLE TO  UNDERTAKE,    OR    DOES  UNDERTAKE    A
 CONSTRUCTION PROJECT.
   (B) "CONSTRUCTION  PROJECT"  MEANS  THE  PROVIDING  OF  ANY  LABOR  OR
 SERVICES, AND THE USE OF ANY MATERIALS OR EQUIPMENT IN ORDER  TO  ALTER,
 BUILD, EXCAVATE, ADD TO, SUBTRACT FROM, IMPROVE, REPAIR, MAINTAIN, RENO-
 VATE, MOVE, WRECK OR DEMOLISH ANY BRIDGE, BUILDING, HIGHWAY, ROAD, RAIL-
 ROAD,  LAND, TUNNEL, SEWER, DRAINAGE OR OTHER STRUCTURE, PROJECT, DEVEL-
 OPMENT,  OR IMPROVEMENT, OR THE DOING OF ANY PART THEREOF, INCLUDING THE
 ERECTION OF SCAFFOLDING OR OTHER STRUCTURES OR WORKS IN CONNECTION THER-
 EWITH.
   (C) "FREELANCE  WORKER"  MEANS  ANY  NATURAL  PERSON  OR  ORGANIZATION
 COMPOSED OF NO MORE THAN ONE NATURAL PERSON, WHETHER OR NOT INCORPORATED
 OR  EMPLOYING  A TRADE NAME, THAT IS HIRED OR RETAINED AS AN INDEPENDENT
 CONTRACTOR BY A HIRING PARTY TO PROVIDE  SERVICES  IN  EXCHANGE  FOR  AN
 AMOUNT  EQUAL TO OR GREATER THAN EIGHT HUNDRED DOLLARS, EITHER BY ITSELF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.